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Criminal Miscellaneous No. 284/B of 1987, decided on 4th March, 1987.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302 & 452‑‑Bail, grant of‑ Accused allegedly armed with hatchet, gave fatal injury to deceased‑ Cross‑case registered against complainant and his co‑accused‑‑All accused on bail in cross‑ case‑‑Co‑accused of present case also on bail‑‑Injuries to father of accused, suppressed by prosecution‑ ‑Challans of both cases filed in Court‑‑As to which party was guilty of aggression would need further inquiry‑‑Bail granted in circumstances.
Muhammad Awais Shahid for Petitioner.
Altaf Muhammad Khan for the State.
Muhammad Sarwar petitioner alongwith five others stands charged for the murder of Mst. Chandar Bibi and for causing injuries of Mst. Rashida, Moti and Kheeloo Khan on 22‑7‑1986 with a hatchet and sticks. The occurrence was because of a dispute over the payment of labour charges for planting paddy.
2. During the occurrence, the petitioner was allegedly armed with a hatchet, while his co‑accused carried sticks. He is attributed fatal injury with a hatchet to Mst. Chandar Bibi deceased.
3. Bail is urged on the grounds that the complainant party has suppressed the true facts and as a matter of fact, it was guilty of aggression in that Bhure Khan, father of the petitioner, was injured by the complainant party resulting in six injuries to him, of which one was grievous. A cross‑case under section 325, P.P.C. has also been registered against them and all the accused are on bail. All the co‑accused of the petitioner are also said to be on bail. It is further stated that there is a conflict between the ocular account and the medical evidence. According to the eye‑witnesses, Muhammad Sarwar petitioner had caused injury to the deceased with a hatchet, but no sharp‑edged weapon injury was found on her person and on the other hand, a lacerated wound was found on her person. It is also stated that there was no repetition of blows by him. The injuries suffered by Bhure Khan have not been explained at all by the prosecution in the F.I.R.
4. The Investigating Officer states that challans of both the case have been filed in the Court. In the circumstances narrated above, it appears to be a case of further inquiry as to which party was guilty of aggression. Accordingly, I admit the petitioner to bail in the sum of Rs.25,000 (Rupees twenty‑five thousand) with two sureties, each in the like amount, to the ,satisfaction of learned Sessions Judge, Lahore.
S.A./M‑67/L Bail granted.
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